Drink and drive

Hello Friends,

I just need a solution for the drink and drive case. If anyone has a solution, it will be appreciated.
In this year of 19th Jan one of my friend drink and drive, police caught him and took him to the nearest police station. His alcohol level is 0.26 mg/lit.

Now he got a letter from labor dept. where is written down he has 30 days to give reply he accept this case or not if he accepts he needs to deport from Taiwan. But his girlfriend is here so he doesn’t want to leave Taiwan. He also went to the immigration section to ask them about the help but they do not have an idea to help him and they said that need to talk with the labor dept and the court. But he does not receive court final judgment copy yet. His company wants to help him but they also do not know about the steps. For this situation what he needs to do or if anyone have such kind of experience, please tell me to help him.

Thanks in advance. If anyone has a solution it will more be appreciated.

Play stupid games, win stupid prizes. Man, driving with 0.26 % BAC is not cool. Sorry to say, I am not sympathetic.

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Get a lawyer, spend a lot of money. Check with gf’s family and any friends with any type of government connections.

Drink driving is very serious in Taiwan.

So, the guy didn’t have .26% BAC, he had around .05% BAC if you reread the OPs post

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He’s only slightly over the limit, he can probably contest the findings as there is a margin of error in those machines.

Did they do blood tests, or only the breathalyser ?

How long did it take for the cops to do the breathalyser(blood tests? ) from when he was pulled over ? The 0.02 needed to get under the alcohol limit shouldn’t be more than 30 minutes or so

My apologies. My assumptions in measurement unit made me jump the gun. Impaired investigations tend to be the easiest to beat if you get a good lawyer - they are among the more complicated investigations, with a lot of moving parts, and they are easy to make mistakes in by the Police involved.

Just as a note, if you are pulled over and you know you’re marginal some things to give yourself every chance of passing. The police have to provide you with a bottle of water. Use this to wash away any fumes in your mouth. You have (I think) 15 minutes to complete the breath test so take your time. When they ask you to blow, blow as lightly as possible. Your first blow should be too light to register and the police officer will ask you to blow again.

Note: these are tips to help you pass if you’ve had like one pint or a glass of red with your meal. The acceptable breath level is very low here so it’s easy to get caught out. Obviously if you’ve been in a session and had five pints and a tequila shot in two hours you’re going to get done and so you should.

My favourite rugby player, JPR Williams, got busted for drunk driving. The police caught him putting 2 pence coins in his mouth as he believed that would reduce the alcohol on his breath. He’s a doctor, so he should know.

Or, you could try the Withnail tactic:

https://m.youtube.com/watch?v=K-GGEJRz6So

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Lawyers in this case might give some help.

臺北高等行政法院判決 107年度訴字第686號
107年11月22日辯論終結
原 告 阮庭勝(NGUYEN DINH THANG)
訴訟代理人 張藝騰 律師
複代理人 楊怡婷 律師
被 告 勞動部
代 表 人 許銘春
訴訟代理人 羅翠芸
劉怡吟
上列當事人間就業服務法事件,原告不服行政院中華民國107年
5月17日院臺訴字第1070173993號訴願決定,提起行政訴訟,本
院判決如下:
主 文
訴願決定及原處分均撤銷。
訴訟費用由被告負擔。

Plaintiff accepted the punishment for the crime by the court, but won against MOL, iiuc.

MOL appealed, and the last court overruled the original decision.

There are all sorts of variables with DUI offences. But for a first offence there is no way anyone should be deported. The exception might be if an accident were caused. The law on drunk driving is now very strict in Taiwan, probably a good thing. The problem is that people are under pressure and drinking more and some idiots drive after they have gone way beyond their own personal limit, often driving recklessly and sometimes with catastrophic consequences. There have been a number of manslaughter cases in recent years, and the public is rightly outraged. Anyone caught drinking and driving, no matter how minor the degree of offence may appear to them, will get a hefty fine as minimum plus a black mark on their record. It’s not worth the risk. There is no safe amount you can drink. Don’t drink and drive ever.

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Hello Friends,

I was involved in a drink and drive case (no casualties , caught a regular police check post) 10 months back, I know the thing I had done is wrong and no one should drink and drive after that incident I have now completely stopped alcohol and leading a good civilian life.

I am writing this post as I faced too much of fear and negativity after my case for initial 2 months and I dont want anyone to feel the same, further i will write all my experience and how did this situation end.

In this year I had drink and drive a electric scooter to be back from a club in Kaohsiung to my school dormitory, police caught me and took me to the nearest police station. My alcohol level was 0.61 mg/lit. ( above 0.4 is considered as criminal crime in Taiwan). The following morning i was taken to Prosecutors office wherein the judge told me that i would recive a letter indicating a fine and since it is my first DUI they are leaving me.

Afterthat my next 2 months were like hell, I feared all the things even a police entering 7-11 where i did my breakfast made me fear as hell i thought the come to catch me, there were may sleepless nights and above all the time waiting for the letter was eating me every now and than. I thank all my friends who tried to make me feel normal throughout that phase, being a foreigner in Taiwan I also feared of deportation or Immigration not letting me in or out of Taiwan.
Things got darker when it was 1 month and still there was no official communication from the courts, I used to call courts everyday to get an update about my case status I just wanted to pay the fine and than roam as good civilian in Taiwan. Courts were like there is no need to panic there are thousands of more important cases pending.

Finally after 2 months 14 days a official communication came i was levied with 65000 NTD Fine which i paid in full and relived my stress completely.

So For all of you,

  1. NEVER DRINK AND DRIVE
  2. If you be in a similar situation like me make a point that you dont repeat the offence again,
  3. KEEP FAITH IN GOD AND JUDICIAL SYSTEM OF TAIWAN
  4. THERE WILL BE NO DEPORTATION IN CASE OF YOUR FIRST NO CASUALTY DUI OFFENCE
  5. DO NOT FEAR TOO MUCH MAKING YOUR HEALTH WORSE INSTEAD WORK HARD SO THAT YOU CAN PAY UP UPCOMING FINE.
  6. BEING A FOREIGNER DO NOT THINK TO LEAVE TAIWAN AND NOT PAY FINES IF YOU WANT TO COME BACK TO TAIWAN ANYTIME IN YOUR LIFE.

Thank You,
Cheers with glass of water.

6 Likes

I remember my dad telling me about that when I was a kid. So it doesn’t work?

If it did work at some point in the past they’d have fixed the breathalysers, wouldn’t they?

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Do always ask for a bottle of water though. You should always wash your mouth out to get rid of excess alcohol fumes in your mouth. The police keep bottles of water in their cars just for this purpose.

Refusal based on legimate government based covid concerns should be exercised perhaps?

Thank you for sharing your story.